1 Title
2 Commencement
3 Act binds the Crown
Part 1
Preliminary provisions
4 Purpose
5 Interpretation
6 Extended meaning of breach
Part 2
Electricity industry governance
Subpart 1—Who does what
Industry participants
7 Industry participants
8 Transpower is system operator
9 Industry participants to register and comply with Code
10 Exemption from obligation to register
11 Exemption from obligation to comply with Code
Electricity Authority
12 Authority established
13 Membership of Authority
14 Independence of members of Authority
15 Objective of Authority
16 Functions of Authority
17 Statements of government policy
18 Reviews on request by Minister
Security and Reliability Council, and other advisory groups
19 Charter about advisory groups
20 Security and Reliability Council
21 Other advisory groups
22 Application of Crown Entities Act 2004
Rulings Panel
23 Continuation of Rulings Panel
24 Membership of Rulings Panel
25 Function of Rulings Panel
26 Funding of Rulings Panel and remuneration of members
Subpart 2—Registration
27 Register of industry participants
28 Transfer of old information to register
29 Registration and requirement to update information
30 Ceasing to be registered
31 Offences relating to registration
Subpart 3—Electricity Industry Participation Code
Content and status of Code
32 Content of Code
33 Status of Code
Making and amending Code
34 Content of initial Code
35 Certification of draft Code
36 Code comes into force
37 Making Code accessible
38 Authority amends Code
39 Consultation on proposed amendments
40 Urgent amendments to Code
41 Authority to publish consultation charter
Specific new matters in Code
42 Specific new matters to be in Code
43 Minister may amend Code to include new matters
Other specific content
44 Transmission agreements
Subpart 4—Monitoring and enforcement
Authority's powers and procedures
45 Purposes of exercise of Authority's monitoring, investigation, and enforcement powers
46 Authority's monitoring, investigation, and enforcement powers
47 Power to search
48 Privileges protected
49 Authority may suspend trading in case of insolvency
Code enforcement
50 Complaints, appeals, and disputes
51 Interim injunctions
52 Limitation periods for breaches of Code
53 Powers and procedures of Rulings Panel
54 Remedial orders for breach of Code
55 Restrictions on remedies
56 Pecuniary penalty orders
57 Offence to breach certain orders of Rulings Panel
58 Suspension and termination for breach of certain Rulings Panel orders
59 Effect of suspension and termination orders
60 Offences relating to suspension and termination orders
61 Powers in relation to appeals and disputes
62 Orders generally
Appeals
63 Appeal on ground of lack of jurisdiction
64 Appeal on question of law
65 Appeal against certain orders of Rulings Panel
66 How and when appeals made
67 Determination of appeals
68 High Court may refer appeals back for reconsideration
69 Provisions pending determination of appeal
70 High Court may order proceedings be heard in private
71 Appeal to Court of Appeal in certain cases
Part 3
Separation of distribution from certain generation and retailing
Subpart 1—Separation of distribution from certain generation and retailing
Purpose and outline of Part
72 Purpose and outline of this Part
Interpretation of Part
73 Interpretation in this Part
74 Meaning of involved in
Ownership separation
75 Ownership separation
Corporate separation and arm's-length rules
76 Corporate separation and arm's-length rules applying to distributors and connected generators and connected retailers
Other rules
77 Use-of-systems agreements
78 Person involved in distributor must not pay for transfer of retail customers to connected retailers
79 No discrimination when paying rebates or dividends
Subpart 2—Enforcement and general provisions
Enforcement and penalties for this Part
80 Pecuniary penalties
81 Injunctions
82 Actions for damages
83 Other powers to give directions, reopen agreements
84 Miscellaneous provisions relating to civil proceedings under this Part
85 Application of Commerce Act 1986 provisions
86 Additional proceedings
Territorial application of this Part
87 Application to persons outside New Zealand
Disclosure and reporting to Authority
88 Disclosure of information to Authority
89 Directors must report compliance with arm’s-length rules
Exemptions
90 Exemptions
Application of other Acts
91 Application of Commerce Act 1986
92 Not interconnected under Commerce Act 1986
93 Illegal Contracts Act 1970
94 Substance matters, not form
Part 4
Industry participants and consumers
Subpart 1—Dispute resolution
95 Complaints about Transpower, distributors, and retailers
96 Membership of dispute resolution scheme
97 Compliance with rules and binding settlements
98 Offence to fail to comply with District Court order
Subpart 2—Financial statements of customer and community trusts
99 Customer and community trusts must prepare and submit for audit financial statements
100 Publication of audited financial statements
101 Auditor of trusts
102 Procedures for annual meeting to appoint auditor
103 Auditor-General to be auditor if no other auditor appointed
104 Offences, enforcement, and application of sections 99 to 103
Subpart 3—Continuance of supply
105 Continuance of distributors' supply obligation
106 Cessation and suspension of supply obligation
107 Proposal to supply electricity from alternative source
108 Application of other enactments
Part 5
Miscellaneous
Subpart 1—Regulations
109 Regulations identifying industry participants and market operation service provider roles
110 Class exemptions relating to registration and Code compliance
111 Class exemptions relating to membership of dispute resolution scheme
112 Regulations relating to monitoring, investigating, and enforcing Code
113 Regulations about tariffs and other consumer issues
114 Regulations promoting accountability in customer trusts and community trusts
115 General regulation-making power
Subpart 2—State-owned enterprise asset reconfiguration and miscellaneous matters
State-owned enterprise asset reconfiguration: General provisions
116 Interpretation for subpart
117 Directions that may be given by shareholding Ministers
118 Process for giving directions
119 Legal effect of directions
Asset reconfiguration provisions in respect of Waitaki Power Scheme
120 Purposes of sections 121 to 126
121 Process for Meridian and Genesis to recommend changes to permit conditions in respect of Waitaki Power Scheme
122 Minister may change permit conditions by order
123 Existing agreements with other parties in respect of Waitaki Power Scheme
124 Reconfiguration of existing agreements
125 Other provisions about directions
126 Interface with Resource Management Act 1991
Asset reconfiguration provision in respect of Whirinaki
127 Whirinaki
Levy of industry participants
128 Levies
129 Consultation about request for appropriation
Specific authorisations for purposes of Commerce Act 1986
130 Specific authorisations for purposes of Commerce Act 1986
Distributors' and grid owners' exemption from liability
131 Distributors and grid owners exempt from liability for certain outages
Subpart 3—Transitional and consequential provisions
132 Interpretation
Dissolution of Electricity Commission
133 Electricity Commission dissolved
134 Consequences of dissolution
135 References in documents to Electricity Commission
136 References to reserve generation capacity in resource consents
137 Transferred employees
138 Government Superannuation Fund
139 Complaints, investigations, etc, transfer to Authority
140 References to Electricity Governance Rules 2003 and certain regulations
Rulings Panel
141 Members of Rulings Panel
142 Work of Rulings Panel
Commerce Commission
143 Investigations relating to separation of distribution from generation and retailing
144 Exemptions granted under Electricity Industry Reform Act 1998
Subpart 4—Amendments to other enactments
Amendments to Commerce Act 1986
145 Amendments to Commerce Act 1986
146 Interpretation
147 Matters covered by input methodologies
148 Commission's costs in setting customised price-quality path
149 Interpretation for subpart
150 Meaning of electricity lines services
151 Definition of consumer-owned
152 How exempt status can be lost and default/customised price-quality regulation can be applied to consumer-owned suppliers
153 Administrative settlements with Transpower made before 1 April 2009
154 Proposals for customised price-quality paths
155 New heading and sections 54R and 54S substituted
Transpower grid upgrade plans and capital expenditure proposals
156 New section 54V substituted
Interface with Electricity Industry Act 2010
Amendments to Energy (Fuels, Levies, and References) Act 1989
157 Amendments to Energy (Fuels, Levies, and References) Act 1989
158 Part 2 repealed
159 Purpose of levies
Amendments to Electricity Act 1992
160 Amendments to Electricity Act 1992
161 Purposes
162 Interpretation
163 New section 43A inserted
164 Consequential amendments and repeal of spent provisions
Repeal of Electricity Industry Reform Act 1998
165 Repeal of Electricity Industry Reform Act 1998
Amendments to other enactments
166 Amendments to other enactments
Schedule 1
Material incorporated by reference
Schedule 2
When person is involved in distributor, generator, or retailer for purposes of Part 3
Schedule 3
Arm's-length rules
Schedule 4
Dispute resolution scheme
Schedule 5
Existing agreements in respect of Waitaki Power Scheme
Schedule 6
Amendments to other enactments
Legislative history